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Opinion | Rights of a Daughter in a Muslim Family and what is happening with them

By : Junaid mir

News Desk by News Desk
October 8, 2023
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The rights of a daughter in a Muslim family are derived from Islamic teachings and principles, which can vary based on cultural, regional, and individual interpretations. It’s important to note that interpretations of Islamic teachings can differ, and cultural practices and local customs may influence how these rights are observed in practice. The following are some general rights that are commonly recognized.
• Right to life and protection: Like all individuals, a daughter in a Muslim family has the right
to life, safety, and protection from harm. Parents are obligated to provide for their
daughter’s well-being, including her physical, emotional, and psychological needs.
• Right to education: Islam emphasizes the importance of seeking knowledge, and therefore,
daughters have the right to education. Muslim families are encouraged to provide their
daughters with opportunities for learning and intellectual development.
• Right to inheritance: Under Islamic law, daughters have the right to inherit from their
parents’ estate. The share of inheritance may vary depending on factors such as the
presence of other heirs and the specific legal interpretations followed in the family or
region.
• Right to marriage and consent: Daughters have the right to marry, and their consent is
required for a valid marriage according to Islamic teachings. Forced marriages are not
permissible in Islam, and the consent of the daughter is a fundamental aspect of a valid
marriage contract.
• Right to maintenance and financial support: Muslim daughters are entitled to financial
support from their parents, particularly from their father, for their basic needs such as food, clothing, shelter, and healthcare. This responsibility typically continues until the daughter is married or financially independent.
It’s important to recognize that interpretations of Islamic teachings and cultural practices can vary, and there may be instances where these rights are not fully realized or where cultural traditions may impose additional restrictions or expectations on daughters. It is recommended to refer to scholars or experts in Islamic jurisprudence for specific guidance and clarification regarding Islamic rights and obligations.
Legally speaking, women in India have much better legal protection compared to other nations.
Inheritance laws have been amended to give them their due. There are strict laws against domestic violence and dowry. We also have strict laws against rape and other harassment crimes. Women get
reservation in local level politics. Courts, political system and Media is sympathetic towards them in general. But what is it, which is still pulling women back in India?
1. Feudal mindset- People don’t let go their daughters outside for studies as easily as
they would do it for their sons. This takes away a lot of opportunity from bright
daughters. This is the reason why we don’t have equal representation of women in
corporate, higher level politics and even in IITs and IIMs.
2. Security- Many cases of harassment and sexual offences are daily discussion topics in
media. It seems as though no woman is safe in this country. Thus they are not allowed
to do a night shift work in many offices and this takes away many job opportunities
from them.
3. Education- Women in rural areas are still uneducated, not aware of their rights. They
face domestic violence frequently even after contributing a lot to the family. Only
education can create a sense of self respect and awareness of legal remedies in case of
extreme incidents.
4. Politics- We still have people like Yadavs- Lalu, Mulayam and Sharad who oppose 33%
women reservation in Parliament and assemblies. Many top male leaders make
insensitive comments emboldening goons who will again do similar crimes. Women
must stop voting for them.
What we need to do:
1. Universal Basic Income(UBI)- Need to make women in rural areas financially
independent of men. If they get UBI their importance in family will be improved by
virtue of basic income which they own. I believe UBI is going to be a gamechanger for
women’s rights and empowerment in this country
2. Reforming inheritance and divorce laws- we need simplify divorce laws in favour of
women, making it easier for them to take divorce and claim good amount of
maintenance. This will make sure they are respected and not given reason to go for
legal remedies.
3. Movement against dowry- while we have strong laws, the movement lacks. We need
“Swachh Bharat Mission” styles campaign coming from top leadership against dowry.
Bureaucrats must be given targets to catch specified number of dowry cases every
month, because we all know- it has not stopped in most areas of the country.
Movement against female foeticide and infanticide have been launched, but have not gained as momentum in media and among people.
4. Break religious-political nexus against women- Need to contain communication of babas/Maulavis with politicians. This will make sure they do not come to each other’s rescue when one opposes women’s rights. This will also solve many other political
problems.
Hence to conclude- at superficial level it looks as though women are given all of their due rights, but deep down in society they are discriminated at all levels- right before they are born till their last rites
before they die.
writer is a student of Amar Singh college Srinagar,
Feedback at juniimir846@gmail.com
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